Tapuika v Tagakule [1995] SBHC 104; HC-CC 378 of 1993 (9 May 1995)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. CC 378 of 1993

RHODA TAPUIKA

-V-

JOHN TAGAKULE

HIGH COURT OF SOLOMON ISLANDS
(Palmer J)

Civil Case No. CC378 of 1993

Hearing: 4th May 1995 & 9th May 1995
Judgment: 9th May 1995

C. Tangaraniana for Plaintiff
Mr. M. Samuels for Defendant

PALMER J: It is now clear that this is a claim for damages for fraudulent misrepresentation. That is that the Defendant knew at the time that he entered into the Agreement with the Plaintiffs that the house and the land which he purported to sell in exchange for the vehicle of the Plaintiff was not solely his or his fathers. The evidence as adduced showed that the Defendant represented clearly that he owned that land. However, as it transpired, it was family or tribal property and the plaintiffs had to be chased out some years later by other members of the family of the defendant.

The Defendant did not give evidence and therefore I must accept the evidence as adduced before me.

The proper head of damages is the ‘out of pocket’ expense. The Plaintiff’s evidence supported by he husband’s is that loss was incurred to the tune of some $8,000 for the extensions made to the news which had to be removed and relocated.

Accordingly damages is awarded for $8,000 plus costs.

A. R. PALMER
JUDGE